96-1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

 

IN RE :  
  :  
PRISON LITIGATION REFORM ACT : STANDING ORDER NO. 96-1
Enacted on April 26, 1996 :  
  :  

        Pursuant to 28 U.S.C. § 1915(b), as amended by the Prison Litigation Reform Act effective April 26, 1996, in every prisoner case in which in forma pauperis status is requested, the Clerk of Court is hereby directed to:     

        (1) transmit to the federal, state or local agency having custody of that prisoner the prisoner's written authorization requesting the custodian to provide financial information and fees to the Court as provided by this Order, and     

        (2) require the custodian to calculate and promptly remit to the Court from monies held by the custodian for the account of the prisoner, 20% of the greater of 

            (A) the average monthly deposits to the inmate's prison account for the past six months; or 

            (B) the average monthly balance in the inmate's prison account for the past six months. 

        This remittance shall be accompanied by a certified copy of the statement for the past six months of the inmate's account and a statement of the calculations used to arrive at the amount of the partial payment of the filing fee, copies of which shall be furnished to the prisoner. If, after payment is made pursuant to (2) above, there remains any unpaid fee due and owing the Court, the custodian shall thereafter remit on a monthly basis 20% of the preceding month's deposits credited to -the prisoner's account until the filing fee has been paid in full. Each time a deposit is made to the inmate's account, the Superintendent/Warden shall set aside the deposit immediately before any disbursement is made by the inmate, until an amount equal to 20% of the previous month's deposits is obtained. When the 20% amount is obtained, it shall be transmitted in one monthly payment to the Clerk.

                        /s/                                                                       /s/                             
Sylvia H. Rambo Malcolm Muir
Chief Judge U.S. District Judge
   
                        /s/                                                                       /s/                              
James F. McClure, Jr. Richard P. Conaboy
U.S. District Judge U.S. District Judge
   
                        /s/                                                                    /s/                               
Thomas I. Vanaskie William W. Caldwell
U.S. District Judge U.S. District Judge
   
                       /s/                                                                      /s/                              
William J. Nealon Edwin M. Kosik
U.S. District Judge U.S. District Judge
   
DATED:  12/2/96